Skip to code content (skip section selection)
Compare to:
SEC. 19-9.   SAME - SAME - NOTICE OF ASSESSMENT; OBJECTIONS; HEARING.
   No assessment for any of the things to be done as enumerated in Section 19-2 shall be made against any property or its owner, until the city council shall have first so declared by resolution directing that notice thereof be given to the owner thereof, and such notice shall have been given by advertising the same in a daily newspaper of general circulation in the city for 10 consecutive days. The notice aforesaid shall state the time and place of the hearing, the cost of the work as proposed to be assessed against the owner of such property, and the purpose for which the assessment is proposed to be levied. Such hearing shall be not less than 10 days from the date of the first publication of such notice, or the date stated in the notice aforesaid, or at any time thereafter. Before any assessment is actually levied, any person interested in any property which may be claimed to be subject to assessment, for the purpose of paying the cost of doing the work in performance of any or all of the things enumerated in Section 19-2, may make and file objection thereto. Such person shall be entitled to a full and fair hearing before the city council as to the matters affecting the property under such assessment or the benefits thereto, or as to the work proposed to be done thereon, or as to any liability therefor, or as to any irregularity or invalidity of the proceeding, or any other objection thereto. Such objection shall be filed in writing stating the nature thereof, and a full opportunity shall be given to the person filing the same to produce evidence, to subpoena witnesses and to appear in person or by attorney. A full and fair hearing shall be given by the city council, which hearing may be adjourned from time to time or day to day without further notice. The city council shall have the power to inquire into and determine all facts necessary to the adjudication of such objections and the ascertainment of special benefits to the owner of the property, and to the property, by the performance of the work necessary to do the identical things mentioned and set forth in the resolution and notice and shall render such judgment or order in each case as may be just and proper. Any objection to the regularity of the proceedings or the validity of any assessment or the determination of personal liability against such property, or its owner, shall be deemed waived unless presented at the time and in the manner prescribed by this section. (Code 1941, Art. 86-51)